STATE v. KUROKAWA-LASCIAK

(CC 07CR1309FE; CA A140430; SC S058898).

263 P.3d 336 (2011)

351 Or. 179

STATE of Oregon, Respondent on Review, v. Tyler Juro KUROKAWA-LASCIAK, Petitioner on Review.

Supreme Court of Oregon.

Decided October 6, 2011.


Attorney(s) appearing for the Case

Jay W. Frank , Moule & Frank, Eugene, argued the cause and filed the brief for petitioner on review.

Anna M. Joyce , Assistant Attorney General, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.


WALTERS, J.

In this case, we adhere to prior decisions of this court and decide that the "automobile exception" to the warrant requirement of Article I, section 9, of the Oregon Constitution, does not permit a warrantless search of a defendant's vehicle when the vehicle is parked, immobile, and unoccupied at the time that the police encounter it in connection with a crime.

The state charged defendant with various drug offenses, and defendant filed a motion...

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